If you achieved your nursing license in one or more states, you understand how demanding license requirements can be. Nurses work for years to gather the necessary skills and experience to work independently, with grueling hours and high expectations. If an unfortunate circumstance or lapse in judgment leads to the revocation or suspension of your license, the immediate confusion about what next step to take can be overwhelming.
Once you lose your nursing license, you shouldn't give up hope. Every state in the US offers nurses the ability to petition for license reinstatement if they meet certain requirements. Some reinstatements may be harder than others, but every nurse who worked tirelessly to enter the profession deserves the right to plead their case.
The Lento Law Firm represents licensed nurses nationwide seeking to reinstate their nursing licenses and return to what they do best: caring for patients in need. No matter where you live or what caused your license issue, our Professional License Defense Team can identify the best path forward and help you get back in good standing with your state's licensing board. Call us today at 888-535-3686 or contact us through our website to discover your options for petitioning to reinstate your nursing license.
What Causes a Nurse to Need License Reinstatement?
Licensed nurses must manage their responsibilities while always meeting the professional and ethical requirements set by their state's Board of Nursing. When so much of a nurse's day is spent caring for others above all else, honest mistakes aren't uncommon. Sometimes, mistakes happen outside of the workplace simply due to the stresses of the job.
If a nurse's license is revoked or suspended, they cannot legally continue their career until their state's Board reinstates their license. The most common reasons why a nurse would need to seek license reinstatement include:
- Professional Misconduct and Negligence: Once a nurse gains their license, they are always vulnerable to losing it if their state Board learns of potential negligence or misconduct. Typically, this involves inadequate patient care or ethical concerns. Sometimes, a nurse may overstep their scope of practice to help patients. Even if their goal is noble, nurses cannot ignore the restrictions on their license.
- Substance Abuse: In many high-stress careers, including nursing, substance abuse is a prevalent issue. However, most state Boards understand that substance abuse is a treatable health condition and offer nurses ways to beat their abuse issues. For example, California created its Intervention Program to assist nurses with this disease, aiming for early intervention before serious problems arise.
- Criminal Convictions: Criminal convictions, primarily alleging behavior that involves a nurse's professional career or conduct, are often enough for state licensing boards to take action against a nurse's license.
- Inappropriate Relationships: Nurses cannot engage in relationships with co-workers or patients that interfere with their ability to care for patients. They also cannot engage in any behavior that could influence their decision-making or place others in unsafe environments. Nursing boards can deny a license if they become aware of inappropriate behavior.
- Health Issues: Similar to substance abuse, various health conditions may affect a nurse's ability to provide care at a level deemed acceptable by their state licensing board. Often, nurses who voluntarily enter programs or proactively address their issues are less likely to receive punishment. Nursing boards typically reserve license sanctions for those who are aware of health concerns but continue placing patients at risk.
- License Renewal Issues: Sometimes, nurses make honest mistakes when renewing their licenses that put their careers at risk in the short term. Most states have mandatory education hours that nurses must complete during each renewal period. If a nurse forgets to take these courses or fails to meet another requirement, they may unexpectedly find themselves unable to renew their license. Continuing to work while aware of this issue will result in harsher punishment than simply making a mistake.
Seeking a license reinstatement is separate from appealing a disciplinary decision. If your state licensing board has already taken action against your nursing license, you have limited time to appeal. Outside of this time frame, your next best move is to adhere to any restrictions on your license and seek reinstatement when possible. Typically, minor infractions allow you to reinstate your license quicker than serious violations.
Eligibility Requirements for License Reinstatement
Every state handles reinstatement differently, and the specific ruling of the licensing board overseeing the case will influence how quickly a nurse can petition to work in the profession once again. Some broad eligibility requirements include:
- Mandatory Waiting Period: Many states require those with suspended or revoked licenses to wait a set period before petitioning. Texas, for example, requires nurses to wait at least one year after their Board order before they can petition for reinstatement. Other states mandate up to five years between Board order and petition.
- Compliance With Education Requirements: States commonly require nurses seeking a license renewal to show evidence of twenty or more hours of continued education. In many cases, this also applies to nurses seeking to reinstate their license after a period of suspension or inactivity.
- Valid License: Nursing Boards cannot reinstate a license that a nurse did not previously obtain. If someone is seeking a different license than the one they lost, they must go through relevant application processes for that separate license.
- Ethical or Legal Concerns: Boards typically want to see evidence that previous issues are resolved or are no longer a threat. This can take the form of letters from healthcare professionals or therapists, as well as records indicating successful completion of wellness programs. If a nurse is found guilty of a crime, they must provide explanations for that behavior.
- Background Checks: It is common for nursing boards to require updated background checks to detect recent instances of criminal behavior.
Petitioning your state nursing board isn't always a simple task. Making sure you are eligible to apply for reinstatement should be your number one priority to avoid wasting time and effort. If you are seeking reinstatement of your nursing license but are unsure where to start, contact the Lento Law Firm today. Our Professional License Defense Team works with licensed nurses across the country and understands each state's unique licensing restrictions and requirements.
Preparing Your Petition for a Nursing License Reinstatement
Petitioning for reinstatement is just the first part of the process. When looking at your state's eligibility requirements for petitioning, you are looking at the bare minimum of what you must do to seek reinstatement. Even if you meet all requirements on paper, your nursing board may deny your petition or disagree with the evidence presented. Whenever you are preparing to petition for reinstatement, contact the Lento Law Firm to receive assistance throughout the entire process. From evidence gathering to eventual Board hearings, our Professional License Defense Team can steer you clear of common pitfalls faced by nurses seeking reinstatement.
Since every state has different eligibility requirements, how you petition your licensing board will rely on what your Board wants to see and how they typically handle similar situations. If they require continued education, you must provide documents verifying attendance in these courses or programs. If they previously recommended voluntary enrollment in a substance abuse program, they will want to see discharge papers from that program. In general, it is recommended that you prepare as much relevant documentation as possible. Documentation can highlight good or bad aspects, as you must make your licensing board aware of all potential issues in order to explain further. Supporting documentation includes:
- Letters of reference from employers or fellow professionals
- Copies of criminal indictments and judgments
- Letters from a court officer detailing compliance with probation or parole
- Discharge papers from treatment programs for any health condition or abuse issue
- Letters from therapists and doctors detailing competency and improvement
- Copies of previous license disciplinary action from other jurisdictions
- Evidence of continued education
- Results of random drug tests
- Sponsor support letters
Lying on a petition for reinstatement can result in the revocation of your license in the future. Though you may be tempted to leave out information to paint yourself in a better light, any mistruths will do more harm than good. Working with the Lento Law Firm, we can prepare you for hard questions from the licensing board and tackle issues head-on. In many cases, nurses with previous criminal convictions or substance abuse issues can still successfully petition for reinstatement and win back their licenses.
Once you have gathered relevant evidence and documentation, the next step is to complete and file your state's petition for reinstatement. While these documents are often straightforward, you should still work with an attorney to prevent clerical errors and oversights. Any mistakes during this time can complicate the process and potentially jeopardize your chances. Once filed with relevant documentation, you may need to follow up to provide additional information, such as background checks.
Preparing for a Hearing or Informal Conference
After petitioning your state's Board of Nursing, you must wait for their initial decision before you know your next steps. If they immediately deny your petition, this is typically due to a lack of evidence of compliance with your Board order. For instance, you will have difficulty successfully petitioning for reinstatement if you fail to provide proof of your mandated completion of a substance abuse program. However, assuming you work with attorneys and follow the rules, you should hear the good news that the Board has scheduled a hearing or informal conference regarding your license.
It is imperative that you pay close attention to the information provided by the Board when they accept your petition. In many states, your only chance to appear before board members and plead your case is during a public meeting, not a private hearing. As such, being late or failing to respond when they begin hearing your case will mean they simply continue with their agenda and deny your petition. During conferences and hearings, attorneys can accompany you and help present evidence to the Board.
To prepare for your reinstatement hearing, you should anticipate what Board members will ask and plan which evidence you will present to bolster your case. When you work with the Lento Law Firm Professional License Defense Team, our knowledge of your state's existing processes allows us to coach you on what to expect. If you represent yourself, you are going into hearings blind, and you may falter under pressure from judges or board members.
What To Expect During Your Hearing or Informal Conference
Most states schedule hearings for more than thirty or sixty days in the future, often at their next board meeting. This may seem like a lot of time, but you can never prepare enough. Eventually, the scheduled day will come, and it is your turn to explain why you deserve to have your license reinstated.
Hearings typically take place before members of the state nursing board, an administrative law judge, a deputy attorney general, or a combination of these positions. After being sworn in, you and your attorney will respond to your existing disciplinary charges and present evidence of how your behavior or situation has improved.
As mentioned, you will likely face pointed questions from board members or the judge. Since this meeting may be in public with an audience of dozens or hundreds of people, you should thoroughly prepare and confidently answer all questions. In some cases, your attorneys can assist, but petitioners explain their own personal improvement may have better results.
In many cases, you can bring witnesses to support your position, but the state may limit what they can say. Generally, witnesses can only attest to your nursing proficiency or your involvement in substance abuse or behavioral programs. If your meeting is public, you may also want to invite friends and family to provide support and help you feel confident during the hearing.
Receiving a Reinstatement Decision
If you made it this far, don't expect a response right away. In most states, the Board will mail notice of your reinstatement or denial weeks or months after the fact. While reinstatement is not guaranteed, many nurses who follow all suspension conditions and thoroughly prepare for their reinstatement petition succeed in their goal of returning to the nursing profession.
If your state Board decides to reinstate your license, it commonly comes with additional restrictions and probationary terms. These restrictions can include:
- Supervised Practice: Requirement to work under the supervision of a senior nurse, physician, or supervisor.
- Probationary Period: This period of time in which your practice is closely monitored, and the Board takes immediate action on any mistakes and violations.
- Random Drug Testing: Ongoing randomized drug tests, typically up to a year after reinstatement. Drug tests are more common for those with a history of substance abuse issues.
- Community Service: Requirement to volunteer in your local community and show a dedication to improving behavior.
- Performance Evaluations: Additional reporting requirements for your employers regarding your performance and proficiency on the job.
- Education: Mandatory completion of additional education or training within a specified timeframe.
- Restricted Practice: Limitations on your scope of practice, the types of patients you can care for, or the settings you can work in.
Though these license restrictions can make it difficult to advance in your career, they are favorable compared to a complete ban on working as a nurse in your state. However, if these restrictions seem too harsh or if your petition was denied outright, you can still appeal the reinstatement decision.
Appealing Your Reinstatement Decision
Most decisions become active thirty days after a Board of Nursing issues them following a petition. You should take this time to reflect on the decision with your attorneys to decide if appealing is warranted. Even if you once again receive your license, there may be situations where appealing is the best option.
If your petition was denied, the obvious first step is to read the Board or judge's decision and learn why they issued a denial. Your attorneys can identify whether additional evidence would help change the decision or if it seems set in stone. In some cases, an outright denial can become a reinstatement with restrictions if you continue to improve your behavior after the hearing date.
In a different scenario, appealing a decision may be the best option if you and your attorneys believe that restrictions and probationary terms are too harsh. For example, a decision highlighting ongoing concerns of substance abuse might be appealed if you can gather further testimonies and recommendations from therapists and healthcare professionals.
Whatever you decide, you must choose quickly. As soon as you receive your decision, talk to your Professional License Defense Team at the Lento Law Firm and seek their guidance on whether appealing is the right choice.
Maintaining and Defending Your Reinstated License
Once you receive a decision or win on appeal, you now have to work to keep your license. There are countless potential reasons for your initial suspension or loss of license, and avoiding a repeat of previous violations or mistakes should be your top priority. However, due to stringent license restrictions after reinstatement, some nurses succumb to stress and once again make mistakes. After successfully regaining your license, the last thing you want to do is lose it before you can reestablish yourself in the profession.
If you receive complaints after a license reinstatement, your state nursing board may place greater importance on that report due to your previous history. If they investigate and determine any amount of wrongdoing, the punishment can be more severe. What would otherwise be a slap on the wrist or probationary period can become another instance of revocation or suspension. Simply put, having a history of previous licensing issues places you on the back foot when attempting to defend from complaints of wrongdoing in the future.
Most, if not all, state nursing boards highlight on their websites the ability for nurses to work with attorneys during disciplinary proceedings. While they may not be allowed to make formal legal recommendations, it is generally accepted wisdom that legal representation during disciplinary proceedings is in a nurse's best interest. If your initial licensing issues stemmed from disciplinary sanctions where you lacked legal assistance, the importance of attorneys during future proceedings cannot be overstated.
You may think that breaking the terms of your reinstatement or engaging in further violations would mean you cannot seek reinstatement later, but that is rarely the case. The fact that licensing boards offer reinstatement opportunities shows that they understand that mistakes happen and are willing to work with nurses who show a commitment to improving. You may have a more challenging time convincing Board members to give you a second or third chance, but that's why attorneys with vast experience before nursing boards are so valuable when arguing your case.
Experienced Nursing License Reinstatement Petition Attorneys
If you can no longer work as a nurse due to a license suspension, revocation, or failure to renew, it can feel like your whole life goes on pause. After working so hard to secure your license and help others, you deserve the right to fight for reinstatement and continue professional advancement in the field of nursing.
Reinstatement petitions are not straightforward for someone completely new to the system. Attempting to gather supporting evidence and craft persuasive arguments to address Board concerns takes tons of effort, and you will find the most success by working with experienced attorneys familiar with your state's licensing process.
The Lento Law Firm has the experience you need to secure reinstatement when facing issues with your nursing license. With offices nationwide, our Professional License Defense Team is ready to help nurses protect their careers wherever they live. Call us today at 888-535-3686 or fill out our confidential online form. After learning about your situation, we can immediately begin building a case and help you reinstate your nursing license.
